Allahabad High Court
Shailendra Kumar Mishra vs Union Of India And 3 Others on 18 May, 2023
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:108761 Court No. - 37 Case :- WRIT - A No. - 8667 of 2023 Petitioner :- Shailendra Kumar Mishra Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Rang Nath Pandey,Hanuman Kinkar,Rahul Pandey Counsel for Respondent :- A.S.G.I. Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the petitioner and Sri Ashish Kumar, learned counsel for the respondents.
2. By means of present writ petition, the petitioner has prayed for following main reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned Railway Protection Force Memorandum issued by Respondent No.2 vide letter No.RPF/DA/R-153/05-23 dated 24.04.2023 under Section 9(1)(i) of the RPF Act, 1957 r/w Rule 153 of RPF Rules, 1987 by which proposed to hold Departmental Enquiry against the petitioner under Rule 153 of RPF Rules, 1987 (Annexure No.1 to this writ petition).
(ii) Issue a writ, order or direction in the nature of certiorari, quashing the impugned letter dated 27.04.2023 issued by Incharge Inspector, RPF Post Manendragarh, vide letter No.RPF/Manendragarh/E-15/493 by which petitioner has been directed to face the disciplinary proceedings at Manendragarh. (Annexure No.8 to this writ petition).
3. A preliminary objection has been raised by learned counsel for the respondents that this Court does not have jurisdiction to entertain the writ petition inasmuch as the charge sheet which has been assailed in the present writ petition has been issued by respondent No.3 who is in Chhattisgarh, and cause of action arose to the petitioner in Chhattisgarh, and all the respondents arrayed in the writ petition do not fall within territorial jurisdiction of this Court and accordingly, it is submitted that the writ petition is not maintainable before this Court.
4. Be that as it may, the charge sheet has been issued by respondent No.3 in Chhattisgarh and further all the respondents arrayed in the writ petition do not fall within territorial jurisdiction of this Court, therefore, this Court has no territorial jurisdiction to entertain the writ petition and grant relief as prayed for.
5. Accordingly, the writ petition is dismissed with liberty to the petitioner to approach the appropriate Court.
Order Date :- 18.5.2023 R.S. Tiwari